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PEOPLE v. PAUL

25 A.D.3d 165 (2005)

803 N.Y.S.2d 66

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AHIB PAUL, Also Known as PAUL AHIB, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 27, 2005.

Attorney(s) appearing for the Case

Robert S. Dean, Center For Appellate Litigation, New York City (Jody Ratner of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Allen H. Saperstein and Peter D. Coddington of counsel), for respondent.

MARLOW, WILLIAMS, SWEENY and CATTERSON, JJ., concur.

OPINION OF THE COURT

SAXE, J.P.

In Crawford v Washington (541 U.S. 36 [2004]), the United States Supreme Court ruled that the admission of "testimonial" statements by an unavailable witness violates the Confrontation Clause of the United States Constitution unless the defendant had the opportunity to cross-examine the person who made the statement. Since then, disagreements...

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